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Michael Ubaldi City of North Olmsted Public Hearing March 26, 2011 Page 25 i or appointing a panel to discuss the 2 methodology and the test. When the 3 discussion again gets back to some pages 4 later in the transcript, Mr. O'Malley 5 points out, "So there's an absence of s urgency to set a date for an examination, ~ and frankly it doesn't occur to me that the a discussion that the administration has s tried to initiate has been completed and it io seems like it has been cut off." '~ ii And I am satisfied that i2 Mr. Ubaldi's intent was to cut off the 13 discussion. Rightly or wrongly, whatever i4 his opinion is, I believe he did have an is agenda to cut off the discussion by setting i6 the date. And that is evident to me in the i~ very answer that Mr. Ubaldi provides and is that is, "What is this, aseven-course i9 meal? They should just come to us and 20 offer suggestions like they have in the zi past. It's not urgency, it efficiency. 22 What do you have to say, Jerry?" 23 That to me demonstrates a little 24 bit of a capricious attitude that we're 25 going to decide this today and we're going Page 26 i to set the date and cut off all discussion 2 so that we don't have any further concern 3 for what the administration's position is. 4 And again, getting back to my 5 colleague Mr. Schumann's point, I flat out s don't see any reason why this could not ~ have waited. We've had interim chiefs a before. I have no doubt that someone s within this department, and it's a fine 1o police department, could have stepped up ii and taken care of the situation should 12 Chief Wozniak retire without a replacement. 13 They talked about the date and, again, to i4 me, the timing of it and the dates and the is things that Ms. Eccleston, echoes volumes i6 in my mind as I go through and try to i~ decide what ultimately to do. is So my last comment or thought, and i9 I know I've been somewhat long-winded, but 20 I want to at least explain for the record 21 and to Mr. Ubaldi and administration why 22 I've come to this conclusion. His actions 23 of then trying to post the test himself za again speaks volumes to me about the agenda 25 that he had. And he was almost in a way Page 27 i advocating his role as an independent 2 governmental agency, which is what his 3 attorney argued. Mr. Carson, he, you know, 4 the Civil Service Commission should be 5 independent from the government, the s administration or council or whatnot. ~ I tend to believe he had his own a agenda and to me, again, to wrap up, it's s evident through his actions both before and io after and through his comments during the ii course of the February 28th hearing and 12 those conclude my comments. Thank you, 13 Mr. President. i4 MR. LIMPERT: Is there any other 15 discussion amongst members of council? 15 Seeing none, will the clerk please call the i~ roll for a vote on the motion before us. is MS. GALLO: Mr. Barker. i9 MR. BARKER: Yes. 20 MS. GALLO: Mr. Kearney. 21 MR. KEARNEY: No. 22 MS. GALLO: Mr. Mahoney. 23 MR. MAHONEY: Yes. 24 MS. GALLO: Mr. Orlowski. 25 MR. ORLOWSKI: No. Page 28 i MS. GALLO: Mr. Schumann. 2 MR. SCHUMANN: Yes. 3 MS. GALLO: Ms. Williamson. a MS. WILLIAMSON: No. 5 MS. GALLO: Mr. Brassard. s MR. BRASSARD: Yes. ~ MR. LIMPERT: The vote is 4-3. s That is not atwo-thirds majority. The 9 motion fails. I will now entertain a io motion on the issue of misfeasance. ii MR. BARKER: Mr. President? iz MR. LIMPERT: Councilman Barker? 13 MR. BARKER: Again I move to i4 concur with the Mayor's removal of Michael 15 Ubaldi from the Civil Service Commission i6 for misfeasance. i~ MR. KEARNEY: Second. ie MR. LIMPERT: Motion to concur by i9 Councilman Barker, seconded by Councilman 20 Kearney. 21 Is there any discussion? 22 MR. MAHONEY: Mr. President? 23 MR. LIMPERT: Councilman Mahoney. 24 MR. MAHONEY: Thank you, zs Mr. President. In my view and opinion, Mehler & Hagestrom (7) Pages 25 - 28 800.822.0650 ~~_~_~~~....:.~.. ..-T:~.~.~ ,